Impeachment: The action of calling into question the integrity or validity of something.

When the authors of the Constitution included this remedy into its writing, the intent of this action was to prevent a corrupt government from taking root in the New Land. Fulfilling this responsibility lies solely with Congress.

A President has been impeached only twice. Andrew Johnson, the 17th President was the first to face this issue with Congress.

President Andrew Johnson had long wanted to dismiss the Secretary of War, Edwin M. Stanton. Stanton was the only member of Johnson’s cabinet who supported the Radical Republicans’ program for reconstruction. On August 12, Johnson suspended Stanton. In his place, Johnson appointed the popular General Ulysses S. Grant Secretary of War. Congress overruled Stanton’s suspension and Grant resigned his position. Ignoring Congress, Johnson formally dismissed Stanton on February 21, 1868. Angered by Johnson’s open defiance, the House of Representatives formally impeached him on February 24 by a vote of 126 to 47. They charged him with violation of the Tenure of Office Act and bringing into “disgrace, ridicule, hatred, contempt, and reproach the Congress of the United States.”

Put plainly, Johnson thought he had the ultimate control of what he wanted and who he wanted. Congress has the duty to advise and the authority of consent on Cabinet positions. If they do not confirm a presidential appointee then the only option the President has is to select another nominee and try again. There is no provision in the Constitution that allows a president to override a congressional decision on such matters.

Today, Donald Trump has circumvented Congress by appointing “acting” people to Cabinet positions. This bypasses his constitution responsibility to nominate for “advise and consent” to the Senate for the process of filling high ranking positions in the operations of government.

The Secretary of the Department of Defense being one of them. Traditionally, the Deputy of these agencies fill the role of Secretary until a nominee can be confirmed. Appointing “acting” Cabinet members violates the Constitution.

By not operating within the guidelines constitutionally, this is evidence of Trump violating the “Faithful Execution Clause” under Article Two of the Constitution. Violating the terms of this clause is an impeachable offense.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Our second Impeachment

Bill Clinton was the second President to be impeached. His impeachment was for perjury to congress over an affair he had with a White House intern. Nothing like treason, abuse of power or national security were ever alleged, just his moral conduct.

Watching these proceedings unfold in real time, it was blatantly obvious partisan politics was the motivation. Mitch McConnell and Lindsey Graham were leading the charge against President Clinton, for getting his dick sucked in the Oval Office.

Evidence of this partisanship is transparent. The “Mueller Report” is out, reacted and open to the public. The first message in the report is that the guidelines Mueller worked under was that a sitting President cannot be indicted. That is the only reason no crimes were alleged against Trump, and why the report concludes he is not exonerated.

Both of these elected Republicans show they put party over country.

Is Impeachment the right remedy now

The Constitution of the United States is not a perfect document, but it works well for the people when applied as intended. To remove a President or any Appointed Judiciary or Cabinet member from their position, Congress is the only branch of government with the power to make it happen.

The House of Representatives vote to Impeach and the Senate must convict with a minimum of 66 votes. No President has ever been convicted and removed from office. But we came very close.

Richard Nixon resigned from office to avoid conviction from the Senate and avoid the Impeachment process. That is the only time the House and Senate acted on behalf of the citizens of this country.

If read with the intent the Mueller Report was intended, all the elements of crimes committed with supporting evidence demands both houses of Congress unify on behalf of America once more and make Trump the first President to be removed from office.

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Gene Smith

Gene Smith is a Chief Campaign Strategist living in Arizona. He is a Juris Doctor, and host of the podcast "Hanging With Uncle"

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